Gonzales v. Spearman
ORDER Suspending Briefing Schedule and Directing Petitioner to Amend Petition Within Thirty (30) Days re 15 signed by Magistrate Judge Sheila K. Oberto on 12/16/2016. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 1:16-cv-01224-AWI-SKO HC
ORDER SUSPENDING BRIEFING
SCHEDULE AND DIRECTING
PETITIONER TO AMEND PETITION
M. ELIOT SPEARMAN, Warden,
On December 1, 2016, Respondent filed an ex parte motion, requesting that the Court
order Petitioner to file a complete petition, that the scheduling order be suspended pending receipt
of an amended petition, and that a new schedule be ordered following submission of an amended
petition. In support of his motion, Respondent advised the court that the 24-page petition, as
filed, omitted hand-numbered pages 1, 9, 13, 15, and 21.
The Court has reviewed the petition as submitted to the Clerk to determine whether the
missing pages resulted from a scanning error by the Court and determined that the pages were
missing from the petition that Petitioner submitted to the Court for filing. As a result, the Court
will grant Respondent’s motion to permit Petitioner to submit an amended petition including all
Accordingly, it is hereby ORDERED:
1. Within thirty (30) days of this order, Petitioner shall submit to the Court for filing an
amended copy of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, including all
pages (pages 1 through 24). In the alternative, Petitioner may file with the Court a sworn
statement that, despite the nonconsecutive numbering of the petition, the petition is complete as
2. The briefing schedule set forth in the Order Requiring Respondent to File A Response
(Doc. 5) is suspended. Following Petitioner’s submission of an amended petition or statement
that the petition may proceed as originally filed, the Court shall issue an amended Order Setting
IT IS SO ORDERED.
December 16, 2016
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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